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House File 202 - IntroducedA Bill ForAn Act 1relating to the solid waste environmental management
2systems program and beautification grants.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455E.11, subsection 2, paragraph a,
2subparagraph (1), subparagraph division (a), Code 2017, is
3amended by striking the subparagraph division.
4 Sec. 2. Section 455E.11, subsection 2, paragraph a,
5subparagraph (1), subparagraph division (e), Code 2017, is
6amended to read as follows:
7(e) Not more than four hundred thousand dollars to the
8department for purposes of providing funding assistance
9to eligible communities to address abandoned buildings by
10promoting waste abatement, diversion, selective dismantlement
11of building components, and recycling. Eligible communities
12include a city with a population of five thousand or fewer.
13Eligible costs for program assistance include but are not
14limited to asbestos and other hazardous material abatement and
15removal, the recovery processing of recyclable or reusable
16material through the selective dismantlement of abandoned
17buildings, and reimbursement for purchased recycled content
18materials used in the renovation of buildings. For projects
19that support community beautification, the department may elect
20to administer funding to eligible communities in collaboration
21with the organization awarded the beautification grant in
22accordance with subparagraph division (a), subparagraph
23subdivision (i).
24 Sec. 3. Section 455J.1, subsection 2, paragraph a, Code
252017, is amended to read as follows:
26a. The policy of responsible environmental management
27can be furthered by rewarding solid waste disposal projects
28 planning and service areas that operate in an innovative,
29cost-effective, technologically advanced, and environmentally
30sensitive manner.
31 Sec. 4. Section 455J.2, subsection 2, Code 2017, is amended
32by striking the subsection.
33 Sec. 5. Section 455J.2, subsection 5, Code 2017, is amended
34to read as follows:
355. “Environmental management system” or “system” means a
-1-1solid waste planning or service area which has been designated
2as an environmental management system pursuant to section
3455J.7. “Environmental management system” includes a planning
4or service area designated as an environmental management
5system that is providing multiple environmental services
6in addition to solid waste disposal and that is planning
7for the continuous improvement of solid waste management by
8appropriately and aggressively mitigating the environmental
9impacts of solid waste disposal.
10 Sec. 6. Section 455J.3, Code 2017, is amended to read as
11follows:
12455J.3 Environmental management system designation
13requirements.
14To qualify for designation as an environmental management
15system pursuant to section 455J.7, a solid waste planning or
16service area shall actively pursue all of the following:
171. Yard Organics waste management. Provide for the
18operation of a yard an organics waste management program or
19contract with provide support to another party to do so.
202. Hazardous household waste materials collection. Provide
21for the proper management and disposal of hazardous household
22waste materials by operating a regional collection center or
23participating in a regional collection center network. The
24regional collection center shall provide for the collection and
25disposal of hazardous household wastes materials, including
26but not limited to paint, pesticides, batteries, automotive
27products, sharps, needles and syringes, and pool chemicals.
28The regional collection center shall encourage the reuse of
29any materials for which reuse is possible and may educate
30households on the use of safer alternatives through efforts
31designed to increase public participation and to increase the
32participation of local government entities not currently in a
33network. Regional collection centers may also provide for the
34assessment of current educational programs by examining changes
35in consumer behavior.
-2- 13. Water quality improvement. Provide for a water quality
2improvement program within the system’s planning or service
3 area. Such a program may include offering educational
4programs, sponsoring awareness initiatives, providing for
5cleanup activities such as the cleanup of illegal dumping
6areas, and otherwise promoting responsible environmental
7behavior.
84. Greenhouse gas reduction. Implement a greenhouse gas
9reduction program designed to prevent the release of greenhouse
10gases into the atmosphere. Such a program may include but is
11not limited to the following activities:
12a. Generating electricity or producing other fuels through
13the collection of landfill gas, such as a methane gas recovery
14or minimization system.
15b. Collecting and managing food and other organic waste from
16households and from industrial and commercial establishments,
17or attempting to recover energy from the reuse of biomass.
18c. Implementing programs that encourage the efficient use of
19energy and promote the use of renewable fuels.
20d. Discouraging the uncontrolled burning of solid waste and
21yard waste.
22e. Setting recycling goals to measure energy savings and
23quantify the level of success of greenhouse gas mitigation
24efforts.
25f. Collection and recycling services targeted at waste
26generated by industrial and commercial facilities such as
27cardboard, paper, construction, and demolition waste.
285. Recycling services.
29a. Offer recycling services for paper, glass, metal,
30and plastics within the communities served. In addition to
31offering recycling of paper, metal, glass, and plastics, a
32solid waste planning or service area may also offer recycling
33services for electronic waste, white goods, and tires.
34b. Recycling services may also be targeted at waste
35generated by industrial and commercial facilities such as
-3-1cardboard, paper, construction, and demolition waste.
2c. Recycling services offered in an effort to meet the goals
3of this subsection may be provided through drop-off sites or
4through curbside recycling programs operated in conjunction
5with solid waste collection.
66. Environmental education. Plan and implement programs
7educating the public on environmental stewardship. These
8programs may include components designed to prevent illegal
9dumping, reduce greenhouse gas emissions, improve water
10quality, reduce waste generation, increase recycling and reuse,
11or any other environmental objective that furthers the purpose
12and goals of this chapter.
13 Sec. 7. Section 455J.4, subsection 1, Code 2017, is amended
14to read as follows:
151. On September 1, 2009, and each year thereafter, each
16environmental management system shall submit to the department
17an annual report. The report shall document the system’s
18compliance with the requirements of section 455J.3.
19 Sec. 8. Section 455J.5, Code 2017, is amended to read as
20follows:
21455J.5 Incentives.
221. A solid waste planning or service area designated as
23an environmental management system pursuant to section 455J.7
24shall qualify for all of the following:
25a. An exemption from solid waste reduction goals imposed
26on sanitary landfills solid waste planning or service areas
27 pursuant to section 455D.3.
28b. A reduced tonnage fee of three dollars and sixty-five
29cents per ton, to be imposed as provided in section 455B.310,
30notwithstanding section 455B.310, subsection 2, of which two
31dollars and ten cents shall be remitted to the department.
32c. Financial assistance as recommended by the council and
33 approved by the commission pursuant to section 455J.7.
342. Notwithstanding any other provision of law to the
35contrary, in addition to the incentives in subsection 1,
-4- 1a solid waste planning or service area designated as an
2environmental management system is only required to file exempt
3from filing its updated comprehensive plan once every five
4years.
5 Sec. 9. Section 455J.7, Code 2017, is amended to read as
6follows:
7455J.7 Designation of environmental management systems.
81. Consideration of plans. The council department shall
9consider solid waste management plans submitted by solid
10waste planning or service areas and make recommendations for
11designation as an environmental management system to the
12commission. All system designations recommended by the council
13 department are subject to approval by the commission. Any
14solid waste planning or service area may submit a plan to the
15council department and seek designation as a system.
16a. By October 1, 2008, the council shall recommend the
17designation of up to six initial qualifying solid waste
18planning areas as environmental management systems to serve
19as pilot projects. By October 1, 2009, and by the same date
20 each year thereafter, the council department may recommend the
21designation of any additional planning or service areas as
22systems, provided those areas meet the requirements of section
23455J.3.
24b. In recommending the designation of a planning or
25service area as a system, the council department shall make a
26determination as to whether the area meets the requirements of
27section 455J.3. The council department shall not recommend the
28designation of a planning or service area as a system unless
29the planning or service area meets the requirements of section
30455J.3.
31c. The commission shall consider the plans submitted to the
32council department and shall review the council’s department’s
33 recommendations on those plans. The commission shall approve
34or reject each plan and shall make publicly available its
35reasons for doing so.
-5- 12. System review.
2a. By October January 1, 2009, and by the same date each
3year thereafter, the council department shall review the
4annual reports of all designated systems and determine whether
5those systems remain in compliance with section 455J.3. If
6the council department determines that a planning or service
7 area is no longer in compliance, the council department may
8recommend to the commission the revocation of the planning or
9service area’s system designation.
10b. The council department may review and monitor the
11progress of those planning or service areas that have not
12been designated as a system and shall coordinate with other
13statewide boards, task forces, and other entities in order to
14achieve the goals and objectives of this chapter.
153. Allocation of funds.
16a. The council department shall recommend to the commission
17a reasonable allocation of the moneys provided in section
18455E.11, subsection 2, paragraph “a”, subparagraph (1),
19subparagraph division (d), to eligible systems. In making its
20recommendation as to the allocation of moneys, the council
21 department shall adopt and use a set of reasonable criteria.
22The criteria shall conform to the goals and purposes of this
23chapter as described in section 455J.1 and shall be approved
24by the commission.
25b. Notwithstanding any other provision of law to the
26contrary, the commission shall make a final allocation of the
27funds described in section 455E.11, subsection 2, paragraph
28“a”, subparagraph (1), subparagraph division (d), to systems
29meeting the requirements of this chapter.
30c. Moneys allocated pursuant to this subsection shall
31be used by systems to further compliance with any of the
32requirements of section 455J.3 this chapter.
334. The department shall prepare an annual report citing
34the results and costs of the program for submittal to the
35commission by January 1, 2018, and by January 1 each year
-6-1thereafter.
2 Sec. 10. REPEAL. Section 455J.6, Code 2017, is repealed.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill abolishes the solid waste alternatives program
7advisory council for environmental management systems. Under
8the bill, the duties of the solid waste alternatives program
9advisory council are transferred to the department of natural
10resources.
11The bill changes references in Code chapter 455J from
12“household hazardous waste” to “household hazardous material”
13and from “solid waste planning areas” to “solid waste planning
14or service areas”.
15The bill removes the department of natural resources’
16discretionary authority to administer funds to benefit eligible
17communities that collaborate with an organization awarded a
18beautification grant, since the beautification grant program
19no longer exists.
20Currently, an environmental management system is required to
21file an updated comprehensive plan every five years. The bill
22exempts solid waste planning or service areas designated as an
23environmental management system from filing a comprehensive
24plan.
25The bill requires the department to submit an annual report
26to the environmental protection commission citing the results
27and costs of the environmental management systems program.
-7-tr/rj/rn
2systems program and beautification grants.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455E.11, subsection 2, paragraph a,
2subparagraph (1), subparagraph division (a), Code 2017, is
3amended by striking the subparagraph division.
4 Sec. 2. Section 455E.11, subsection 2, paragraph a,
5subparagraph (1), subparagraph division (e), Code 2017, is
6amended to read as follows:
7(e) Not more than four hundred thousand dollars to the
8department for purposes of providing funding assistance
9to eligible communities to address abandoned buildings by
10promoting waste abatement, diversion, selective dismantlement
11of building components, and recycling. Eligible communities
12include a city with a population of five thousand or fewer.
13Eligible costs for program assistance include but are not
14limited to asbestos and other hazardous material abatement and
15removal, the recovery processing of recyclable or reusable
16material through the selective dismantlement of abandoned
17buildings, and reimbursement for purchased recycled content
18materials used in the renovation of buildings. For projects
19that support community beautification, the department may elect
20to administer funding to eligible communities in collaboration
21with the organization awarded the beautification grant in
22accordance with subparagraph division (a), subparagraph
23subdivision (i).
24 Sec. 3. Section 455J.1, subsection 2, paragraph a, Code
252017, is amended to read as follows:
26a. The policy of responsible environmental management
27can be furthered by rewarding solid waste disposal projects
28 planning and service areas that operate in an innovative,
29cost-effective, technologically advanced, and environmentally
30sensitive manner.
31 Sec. 4. Section 455J.2, subsection 2, Code 2017, is amended
32by striking the subsection.
33 Sec. 5. Section 455J.2, subsection 5, Code 2017, is amended
34to read as follows:
355. “Environmental management system” or “system” means a
-1-1solid waste planning or service area which has been designated
2as an environmental management system pursuant to section
3455J.7. “Environmental management system” includes a planning
4or service area designated as an environmental management
5system that is providing multiple environmental services
6in addition to solid waste disposal and that is planning
7for the continuous improvement of solid waste management by
8appropriately and aggressively mitigating the environmental
9impacts of solid waste disposal.
10 Sec. 6. Section 455J.3, Code 2017, is amended to read as
11follows:
12455J.3 Environmental management system designation
13requirements.
14To qualify for designation as an environmental management
15system pursuant to section 455J.7, a solid waste planning or
16service area shall actively pursue all of the following:
171. Yard Organics waste management. Provide for the
18operation of a yard an organics waste management program or
19contract with provide support to another party to do so.
202. Hazardous household waste materials collection. Provide
21for the proper management and disposal of hazardous household
22waste materials by operating a regional collection center or
23participating in a regional collection center network. The
24regional collection center shall provide for the collection and
25disposal of hazardous household wastes materials, including
26but not limited to paint, pesticides, batteries, automotive
27products, sharps, needles and syringes, and pool chemicals.
28The regional collection center shall encourage the reuse of
29any materials for which reuse is possible and may educate
30households on the use of safer alternatives through efforts
31designed to increase public participation and to increase the
32participation of local government entities not currently in a
33network. Regional collection centers may also provide for the
34assessment of current educational programs by examining changes
35in consumer behavior.
-2- 13. Water quality improvement. Provide for a water quality
2improvement program within the system’s planning or service
3 area. Such a program may include offering educational
4programs, sponsoring awareness initiatives, providing for
5cleanup activities such as the cleanup of illegal dumping
6areas, and otherwise promoting responsible environmental
7behavior.
84. Greenhouse gas reduction. Implement a greenhouse gas
9reduction program designed to prevent the release of greenhouse
10gases into the atmosphere. Such a program may include but is
11not limited to the following activities:
12a. Generating electricity or producing other fuels through
13the collection of landfill gas, such as a methane gas recovery
14or minimization system.
15b. Collecting and managing food and other organic waste from
16households and from industrial and commercial establishments,
17or attempting to recover energy from the reuse of biomass.
18c. Implementing programs that encourage the efficient use of
19energy and promote the use of renewable fuels.
20d. Discouraging the uncontrolled burning of solid waste and
21yard waste.
22e. Setting recycling goals to measure energy savings and
23quantify the level of success of greenhouse gas mitigation
24efforts.
25f. Collection and recycling services targeted at waste
26generated by industrial and commercial facilities such as
27cardboard, paper, construction, and demolition waste.
285. Recycling services.
29a. Offer recycling services for paper, glass, metal,
30and plastics within the communities served. In addition to
31offering recycling of paper, metal, glass, and plastics, a
32solid waste planning or service area may also offer recycling
33services for electronic waste, white goods, and tires.
34b. Recycling services may also be targeted at waste
35generated by industrial and commercial facilities such as
-3-1cardboard, paper, construction, and demolition waste.
2c. Recycling services offered in an effort to meet the goals
3of this subsection may be provided through drop-off sites or
4through curbside recycling programs operated in conjunction
5with solid waste collection.
66. Environmental education. Plan and implement programs
7educating the public on environmental stewardship. These
8programs may include components designed to prevent illegal
9dumping, reduce greenhouse gas emissions, improve water
10quality, reduce waste generation, increase recycling and reuse,
11or any other environmental objective that furthers the purpose
12and goals of this chapter.
13 Sec. 7. Section 455J.4, subsection 1, Code 2017, is amended
14to read as follows:
151. On September 1, 2009, and each year thereafter, each
16environmental management system shall submit to the department
17an annual report. The report shall document the system’s
18compliance with the requirements of section 455J.3.
19 Sec. 8. Section 455J.5, Code 2017, is amended to read as
20follows:
21455J.5 Incentives.
221. A solid waste planning or service area designated as
23an environmental management system pursuant to section 455J.7
24shall qualify for all of the following:
25a. An exemption from solid waste reduction goals imposed
26on sanitary landfills solid waste planning or service areas
27 pursuant to section 455D.3.
28b. A reduced tonnage fee of three dollars and sixty-five
29cents per ton, to be imposed as provided in section 455B.310,
30notwithstanding section 455B.310, subsection 2, of which two
31dollars and ten cents shall be remitted to the department.
32c. Financial assistance as recommended by the council and
33 approved by the commission pursuant to section 455J.7.
342. Notwithstanding any other provision of law to the
35contrary, in addition to the incentives in subsection 1,
-4- 1a solid waste planning or service area designated as an
2environmental management system is only required to file exempt
3from filing its updated comprehensive plan once every five
4years.
5 Sec. 9. Section 455J.7, Code 2017, is amended to read as
6follows:
7455J.7 Designation of environmental management systems.
81. Consideration of plans. The council department shall
9consider solid waste management plans submitted by solid
10waste planning or service areas and make recommendations for
11designation as an environmental management system to the
12commission. All system designations recommended by the council
13 department are subject to approval by the commission. Any
14solid waste planning or service area may submit a plan to the
15council department and seek designation as a system.
16a. By October 1, 2008, the council shall recommend the
17designation of up to six initial qualifying solid waste
18planning areas as environmental management systems to serve
19as pilot projects. By October 1, 2009, and by the same date
20 each year thereafter, the council department may recommend the
21designation of any additional planning or service areas as
22systems, provided those areas meet the requirements of section
23455J.3.
24b. In recommending the designation of a planning or
25service area as a system, the council department shall make a
26determination as to whether the area meets the requirements of
27section 455J.3. The council department shall not recommend the
28designation of a planning or service area as a system unless
29the planning or service area meets the requirements of section
30455J.3.
31c. The commission shall consider the plans submitted to the
32council department and shall review the council’s department’s
33 recommendations on those plans. The commission shall approve
34or reject each plan and shall make publicly available its
35reasons for doing so.
-5- 12. System review.
2a. By October January 1, 2009, and by the same date each
3year thereafter, the council department shall review the
4annual reports of all designated systems and determine whether
5those systems remain in compliance with section 455J.3. If
6the council department determines that a planning or service
7 area is no longer in compliance, the council department may
8recommend to the commission the revocation of the planning or
9service area’s system designation.
10b. The council department may review and monitor the
11progress of those planning or service areas that have not
12been designated as a system and shall coordinate with other
13statewide boards, task forces, and other entities in order to
14achieve the goals and objectives of this chapter.
153. Allocation of funds.
16a. The council department shall recommend to the commission
17a reasonable allocation of the moneys provided in section
18455E.11, subsection 2, paragraph “a”, subparagraph (1),
19subparagraph division (d), to eligible systems. In making its
20recommendation as to the allocation of moneys, the council
21 department shall adopt and use a set of reasonable criteria.
22The criteria shall conform to the goals and purposes of this
23chapter as described in section 455J.1 and shall be approved
24by the commission.
25b. Notwithstanding any other provision of law to the
26contrary, the commission shall make a final allocation of the
27funds described in section 455E.11, subsection 2, paragraph
28“a”, subparagraph (1), subparagraph division (d), to systems
29meeting the requirements of this chapter.
30c. Moneys allocated pursuant to this subsection shall
31be used by systems to further compliance with any of the
32requirements of section 455J.3 this chapter.
334. The department shall prepare an annual report citing
34the results and costs of the program for submittal to the
35commission by January 1, 2018, and by January 1 each year
-6-1thereafter.
2 Sec. 10. REPEAL. Section 455J.6, Code 2017, is repealed.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill abolishes the solid waste alternatives program
7advisory council for environmental management systems. Under
8the bill, the duties of the solid waste alternatives program
9advisory council are transferred to the department of natural
10resources.
11The bill changes references in Code chapter 455J from
12“household hazardous waste” to “household hazardous material”
13and from “solid waste planning areas” to “solid waste planning
14or service areas”.
15The bill removes the department of natural resources’
16discretionary authority to administer funds to benefit eligible
17communities that collaborate with an organization awarded a
18beautification grant, since the beautification grant program
19no longer exists.
20Currently, an environmental management system is required to
21file an updated comprehensive plan every five years. The bill
22exempts solid waste planning or service areas designated as an
23environmental management system from filing a comprehensive
24plan.
25The bill requires the department to submit an annual report
26to the environmental protection commission citing the results
27and costs of the environmental management systems program.
-7-tr/rj/rn